Corcoran et al v. CVS Health Corporation
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice proposed stipulated Protective Order re 59 Stipulation (fs, COURT STAFF) (Filed on 12/9/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHRISTOPHER CORCORAN, ET AL.,
United States District Court
Northern District of California
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Plaintiffs,
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Case No.: 15-cv-3504 YGR
ORDER DENYING WITHOUT PREJUDICE
PROPOSED STIPULATED PROTECTIVE ORDER
vs.
CVS HEALTH CORPORATION and CVS
PHARMACY, INC.,
Re: Dkt. No. 59
Defendants.
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The parties’ [Proposed] Stipulated Protective Order (Dkt. No. 59) is hereby DENIED
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WITHOUT PREJUDICE.
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online and should be followed by the parties.1 The parties are further advised that prior to
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submitting their revised stipulated protective order, the model order available online should be
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modified to reflect the following update to paragraph 6.3, which concerns judicial intervention in
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the event of a challenged designation:
6.3
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The District’s Model Protective Order for standard Litigation is available
Judicial Intervention. If the Parties cannot resolve a challenge
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without court intervention, the parties shall follow the Court’s Standing Order in
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Civil Cases regarding Discovery and Discovery Motions. The parties may file a
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joint letter brief regarding retaining confidentiality within 21 days of the initial
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notice of challenge or within 14 days of the parties agreeing that the meet and
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See United States District Court, Northern District of California, "Stipulated Protective Orders,"
http://cand.uscourts.gov/stipprotectorder.
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confer process will not resolve their dispute, whichever is earlier. Failure by a
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Designating Party to file such discovery dispute letter within the applicable 21 or
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14 day period (set forth above) with the Court shall automatically waive the
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confidentiality designation for each challenged designation. If, after submitting a
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joint letter brief, the Court allows that a motion may be filed, any such motion
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must be accompanied by a competent declaration affirming that the movant has
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complied with the meet and confer requirements imposed in the preceding
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paragraph. The Court, in its discretion, may elect to transfer the discovery matter
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to a Magistrate Judge.
In addition, the parties may file a joint letter brief regarding a challenge to
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United States District Court
Northern District of California
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a confidentiality designation at any time if there is good cause for doing so,
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including a challenge to the designation of a deposition transcript or any portions
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thereof. If, after submitting a joint letter brief, the Court allows that a motion may
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be filed, any motion brought pursuant to this provision must be accompanied by a
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competent declaration affirming that the movant has complied with the meet and
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confer requirements imposed by the preceding paragraph.
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discretion, may elect to refer the discovery matter to a Magistrate Judge.
The Court, in its
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The burden of persuasion in any such challenge proceeding shall be on the
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Designating Party. Frivolous challenges, and those made for an improper purpose
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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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expose the Challenging Party to sanctions. Unless the Designating Party has
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waived the confidentiality designation by failing to file a letter brief to retain
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confidentiality as described above, all parties shall continue to afford the material
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in question the level of protection to which it is entitled under the Producing
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Party’s designation until the court rules on the challenge.
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In addition, the parties are directed to review the undersigned’s discovery procedures.2
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This Order terminates Docket No. 59.
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IT IS SO ORDERED.
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Date: December 9, 2015
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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United States District Court
Northern District of California
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See United States District Court, Northern District of California, Standing Orders of Judge
Gonzalez Rogers, http://cand.uscourts.gov/ygrorders.
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